Alycen A. Moss and Elliot Kerzner | Property Insurance Law Observer The Eleventh Circuit Court of Appeals recently held that, under Georgia law, an appraisal process tolled a commercial property policy’s two-year contractual suit limitation period even for non-covered claims. In Omni Health Solutions, LLC v. Zurich Am. Ins. Co., No. 19-12406, 2021 WL 2025146 (11th… Continue reading Appraisal Process Tolls Contractual Suit Limitation Period Even For Non-Covered Claims
Category: Insurance Appraisal
Texas Supreme Court Finds Payment of Appraisal Award Does Not Absolve Insurer of Statutory Liability
Allison Griswold and Sarah Smith | Lewis Brisbois The Texas Supreme Court recently published its long-awaited decision in the Hinojos v. State Farm Lloyds. In it, the court affirmed its holding in Barbara Technologies, finding that payment of an appraisal award does not absolve an insurer of statutory liability when the insurer accepts a claim but pays… Continue reading Texas Supreme Court Finds Payment of Appraisal Award Does Not Absolve Insurer of Statutory Liability
Florida Appellate Court Determines Faulty Workmanship Exclusion in Homeowner’s Policy Is Not Ambiguous and Thus Damage Caused by Contractor’s Conduct Is Not a Covered Loss
Matthew Lewis | PropertyCasualtyFocus The Florida Third District Court of Appeal recently ruled that an insurer did not waive its right to appraisal after choosing to cover only part of a property damage loss claimed by its insured. The case, People’s Tr. Ins. Co. v. Farua Portuondo, No. 3D20-266 (Fla. 3d DCA Oct. 7, 2020), involved… Continue reading Florida Appellate Court Determines Faulty Workmanship Exclusion in Homeowner’s Policy Is Not Ambiguous and Thus Damage Caused by Contractor’s Conduct Is Not a Covered Loss
Federal District Court Declines Invitation to Set Scope of Appraisal
James M. Eastham | Traub Lieberman In Mt. Hawley Ins. Co. v. Harrods Eastbelt, Ltd., No. CV H-20-2405, 2020 WL 7632250 (S.D. Tex. Dec. 22, 2020), the United States District Court for the Southern District of Texas addressed a request to set the scope of an appraisal by requiring the appraisers to use a specific format… Continue reading Federal District Court Declines Invitation to Set Scope of Appraisal
Property Valuations In Uncertain Times
Adam Levine | Ostrow Reisin Berk & Abrams Valuation plays a critical role in real estate, from appraisals for residential mortgages to the sales of commercial real estate. But the COVID-19 crisis and resulting economic uncertainty pose some challenges for valuation experts across the country. Limited physical access Site visits have long been an integral… Continue reading Property Valuations In Uncertain Times